(By Delegate Kump)
[Introduced February 13, 2013; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business.]

A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-11B-1, §21-11B-2,
§21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and §21-
11B-8, all relating to employment choices; prohibiting a
requirement that a person, as a condition of employment, to
affiliate or not affiliate with a labor organization and pay
dues or other fees; providing that agreements of this type are
void as a matter of law; defining a term; providing injunctive
relief and a monetary penalty; providing for a private cause
of action; requiring prosecuting attorneys and the Attorney
General to investigate complaints; and providing exceptions.Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-11B-1, §21-11B-2,
§21-11B-3, §21-11B-4, §21-11B-5, §21-11B-6, §21-11B-7 and §21-11B-8, all to read as follows:ARTICLE 11B. WEST VIRGINIA EMPLOYEE FREEDOM OF CHOICE LAW.
§21-11B-1. Definition.
_____The term "labor organization" means any organization of any
kind, or agency or employee representation committee or union,
which exists for the purpose, in whole or in part, of collective
bargaining or of dealing with any employer, or with any public
body, concerning wages, rates of pay, salaries, hours of work,
other forms of compensation, or other terms or conditions of
employment or grievances, or for any other mutual aid or protection
in relation to employment.
§21-11B-2. Right to refrain.
_____A person may not be required, as a condition or continuation
of employment, to:
_____(1) Become or remain a member of a labor organization nor,
alternatively, required to refrain from becoming or remaining a
member of a labor organization;
_____(2) Pay any dues, fees, assessments or other similar charges
however denominated, of any kind or amount to a labor organization;
or
_____(3) Pay any charity or third party in lieu of those payments,
any amount or pro rata portion of dues, fees, assessments or other
charges required of members of a labor organization.§21-11B-3. Agreements in violation._____Any agreement, understanding or practice, written or oral,
implied or expressed, between any labor organization and employer
or public body which violates the rights of employees as set out in
this article is hereby declared to be unlawful, null and void, and
of no legal effect.§21-11B-4. Penalty.
_____A labor organization, employer, public body or other person
directly or indirectly violating this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than $500 nor more than $5,000.§21-11B-5. Injunctive relief.
_____Any person injured as a result of any violation or threatened
violation of this article is entitled to injunctive relief against
any and all violators or persons threatening violations.§21-11B-6. Damages.
_____Any person injured as a result of any violation or threatened
violation of this article may recover damages, including costs and
reasonable attorney fees, resulting from the violation or
threatened violation. These remedies are independent of and in
addition to the penalties and remedies set out in other provisions
of this article.§21-11B-7. Duty to investigate.
_____It is the duty of the prosecuting attorney of each county, and
of the Attorney General of this state, to investigate complaints of
violations or threatened violations of this article, to prosecute
all persons violating any of its provisions, and to take all means
necessary to ensure its enforcement.§21-11B-8. Exceptions.
_____This article does not apply:
_____(1) To employers and employees covered by the federal Railway
Labor Act;
_____(2) To federal employers and employees;
_____(3) To employers and employees on exclusive federal enclaves;
or
_____(4) Where they would otherwise conflict with, or be preempted
by, federal law.

NOTE: The purpose of this bill is to prohibit requirements
that a person, as a condition of employment, to affiliate or not
affiliate with a labor organization and pay dues or other fees.
The bill provides that agreements of this type are void as a matter
of law. The bill defines a term. The bill provides injunctive
relief and a monetary penalty. The bill provides for a private
cause of action. The bill requires prosecuting attorneys and the
Attorney General to investigate complaints. The bill also provides
exceptions.